European Patent Office Revokes Merck's Fosamax Patent

Law360, New York (July 20, 2004, 12:00 AM EDT) -- In a setback for U.S. drug maker Merck, the European Patent Office has revoked the European patent for Fosamax Once Weekly, Merck’s hormone treatment for osteoporosis and other bone-weakening diseases.

Merck said the Opposition Division of the EPO had rendered an oral decision to revoke the patent. The Opposition Division typically provides the written reasoning within two months following an oral decision.

Merck said it disagrees with the decision and intends to appeal, pending the formal written notification from the EPO.

If the decision is reversed...
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